Friday, March 13, 2009

I missed the Animal Farm "More equal than others" clause in the constitution too

Here is a debate on general welfare and how stuff like this came to pass, but was clearly no intended by the authors of the document of root law.

In Federalist No. 41, James Madison asked rhetorically: "For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power?" (In reference to the general welfare clause)

So strongly did the founders believe that "general welfare" wouldn't be expanded as written:

Hamilton argued that a bill of rights, which many were clamoring for, would be not only unnecessary, but dangerous. Since the federal government was given only a few specific powers, there was no need to add prohibitions: it was implicitly prohibited by the listed powers. If a proposed law — a relief act, for instance — wasn’t covered by any of these powers, it was unconstitutional.

"why declare that things shall not be done which there is no power to do? Why, for instance, should it be said, that the liberty of the press shall not be restrained when no power is given by which restrictions may be imposed?"

Hamilton goes on to argue that making Amendments (eg, enumerating Free speech, press and assembly) and enumerating the 'right' would have the following effect:

(A bill of rights) "would furnish, to men disposed to usurp, a plausible pretence for claiming that power — that is, a power to regulate the press, short of actually shutting it down. "

"With respect to the words 'general welfare,' I have always regarded them as qualified by the detail of powers (enumerated in the Constitution) connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." --James Madison [The US Supreme Court has found the meaning of "general welfare" in the Constitution to be much more elastic than did Mr. Madison. But as the "author of the Constitution," what does he know?]

James Madison, when asked if the "general welfare" clause was a grant of power, replied in 1792, in a letter to Henry Lee,

If not only the means but the objects are unlimited, the parchment [the Constitution] should be thrown into the fire at once. [6] [p.257]

"I have talked face to face with the godless communist leaders. It may surprise you to learn that I was host to Mr. Khrushchev for a half day when he visited the United States, not that I'm proud of it. I opposed his coming then, and I still feel it was a mistake to welcome this atheistic murderer as a state visitor. But, according to President Eisenhower, Khrushchev had expressed a desire to learn something of American Agriculture - and after seeing Russian agriculture I can understand why. As we talked face to face, he indicated that my grandchildren would live under communism. After assuring him that I expected to do all in my power to assure that his and all other grandchildren will live under freedom he arrogantly declared in substance:

"You Americans are so gullible. No, you won't accept communism outright, but we'll keep feeding you small doses of socialism until you'll finally wake up and find you already have communism. We won't have to fight you. We'll so weaken your economy until you’ll fall like overripe fruit into our hands."

"...We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it...it is their right, it is their duty, to throw off such Government , and to provide new Guards for their future security. ..." --The Declaration of Independence